Hans Kelsen: Order

Hans Kelsen was Austrian lawyer. Explore interesting quotes on order.

Hans Kelsen: 12 quotes5 likes

“Law is an order of human behavior. An “order” is a system of rules. Law is not, as it is sometimes said, a rule. It is a set of rules having the kind of unity we understand by a system. It is impossible to grasp the nature of law if we limit our attention to the single isolated rule.”

Hans Kelsen

General Theory of Law and State (1949), I. The Concept of Law, A. Law and Justice, a. Human Behavior as the Objects of Rules

“Justice is primarily a possible, but not a necessary, quality of a social order regulating the mutual relations of men. Only secondarily it is a virtue of man, since a man is just, if his behavior conforms to the norms of a social order supposed to be just. But what does it really mean to say that a social order is just? It means that this order regulates the behavior of men in a way satisfactory to all men, that is to say, so that all men find their happiness in it. The longing for justice is men's eternal longing for happiness. It is happiness that men cannot find alone, as an isolated individual, and hence seeks in society. Justice is social happiness. It is happiness guaranteed by a social order.”

Hans Kelsen

"What Is Justice?" (1952), published in What is Justice? (1957)

“One of the most important elements of Christian religion is the idea that justice is an essential quality of God. Since God is the absolute, his justice must be absolute justice, that is to say, eternal and unchangeable. Only a religion whose deity is supposed to be just can play a role in social life. To attribute justice to the deity in order to make religion applicable to human relations implies a certain tendency of rationalizing something which, by its very nature, is irrational-the transcendental being, the religious authority, and its absolute qualities.”

Hans Kelsen

"The Idea of Justice in the Holy Scriptures", Rivista Juridicade la Universidadde Puerto Rico, Sept., 1952-April, 1953., published in What is Justice? (1957)